Keywords
Summary

Keywords

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1 . PROCEDURE - TIME-LIMIT FOR INSTITUTING PROCEEDINGS - EXPIRY - UNFORESEEABLE CIRCUMSTANCES

( PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC, THIRD PARAGRAPH OF ARTICLE 39 )

2 . PROCEDURE - APPLICATION - MEASURES FORMING A SINGLE WHOLE - SUBJECT-MATTER OF ACTION

3 . PROCEDURE - OBJECTION OF ILLEGALITY - GENERAL DECISION - DIRECT LEGAL RELATIONSHIP - MEASURES FORMING A WHOLE - ADMISSIBILITY

( ECSC TREATY, ARTICLE 36 )

4 . COMMON FINANCIAL ARRANGEMENTS - EQUALIZATION OF FERROUS SCRAP - CALCULATION OF CONTRIBUTIONS - ESTIMATED ASSESSMENT - CONDITIONS

( ECSC TREATY, ARTICLE 53 )

Summary

1 . AN UNFORESEEABLE CIRCUMSTANCE WITHIN THE MEANING OF THE THIRD PARAGRAPH OF ARTICLE 39 OF THE PROTOCOL ON THE STATUTE OF THE COURT OF JUSTICE OF THE ECSC MAY BE CONSTITUTED BY THE DELAY IN THE LODGING OF AN APPLICATION BY REASON OF THE FACT THAT IT IS ONLY RECEIVED BY THE COURT SOME TIME AFTER ITS ARRIVAL AT THE PLACE WHERE THE COURT HAS ITS SEAT .

2 . AN APPLICATION EXPRESSLY DIRECTED AGAINST A MEASURE WHICH IS ONE OF A NUMBER OF MEASURES CONSTITUTING A SINGLE WHOLE MUST BE REGARDED AS DIRECTED ALSO, SO FAR AS IS NECESSARY AGAINST THE OTHERS .

3 . WHERE AN APPLICATION IS MADE AGAINST A MEASURE WHICH IS ONE OF A NUMBER OF MEASURES CONSTITUTING A SINGLE WHOLE, THE APPLICANT IS ENTITLED TO PLEAD THE ILLEGALITY OF A GENERAL DECISION ON WHICH ONE OF THE SAID INDIVIDUAL MEASURES IS BASED .

4 . CF . PARA . 2, SUMMARY, JOINED CASES 9 AND 58/65, ( 1967 ) ECR 1 .

IN ORDER TO BE ENTITLED TO MAKE AN ESTIMATED ASSESSMENT, THE HIGH AUTHORITY MUST PROVE THAT THE UNDERTAKING IN QUESTION HAS FAILED EITHER TO PRODUCE THE INFORMATION NECESSARY FOR CALCULATING ITS CONTRIBUTIONS OR TO SUPPLY PROOF IN SUPPORT OF IT .

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